The Electricity Act, 1910
(ACT NO. IX OF 1910).
[ 18th March, 1910 ]
1
An Act to amend the law relating to the supply and use of electrical energy.
WHEREAS it is expedient to amend the law relating to the supply and use of
electrical energy; It is hereby enacted as follows:PART I
Short title, extent
and
commencement
PRELIMINARY
1. (1) This Act may be called the Electricity Act, 1910.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force on such date as the Government may, by
notification in the official Gazette, direct in this behalf.
Definitions
2. In this Act, expressions defined in the Telegraph Act, 1885, have the
meanings assigned to them in that Act, and, unless there is anything
repugnant in the subject or context,(a) “aerial line” means any electric supply line which is placed above
ground and in the open air:
(b) “area of supply” means the area within which alone a licensee is for
the time being authorised by his license to supply energy:
(c) “consumer” means any person who is supplied with energy by a
licensee, or 2[ who is the owner or occupier of the premises which] are
for the time being connected for the purposes of a supply of energy
with the works of a licensee:
(d) “daily fine” means a fine for each day on which an offence is
continued after conviction therefor:
(e) “distributing main” means the portion of any main with which a
service line is, or is intended to be, immediately connected:
(f) “electric supply-line” means a wire, conductor or other means used
for conveying, transmitting or distributing energy together with any
casing, coating, convering, tube, pipe or insulator enclosing,
surrounding or supporting the same or any part thereof, or any
apparatus connected therewith for the purpose of so conveying,
transmitting or distributing such energy:
(g) “energy” means electrical energy when generated, transmitted,
supplied or used for any purpose 3[ * * *]:
(h) “licensee” means any person licensed under Part II to supply
energy:
(i) “main” means any electric supply-line through which energy is, or is
intended to be, supplied by a licensee to the public:
(j) “prescribed” means prescribed by rules made under this Act:
(k) “public lamp” means and electric-lamp used for the lighting of any
street:
(l) “service line” means any electric supply-line through which energy
is, or is intended to be, supplied by a licensee
(i) to a single consumer either from a distributing main or immediately
from the licensee’s premises, or
(ii) from a distributing main to a group of consumers on the same
premises or on adjoining premises supplied from the same point of the
distributing main.
(m) “street” includes any way, road, lane, square, court, alley, passage
or open space, whether a thoroughfare or not, over which the public
have a right of way, and also the roadway and footway over any public
bridge or cause-way: and
(n) “works” includes electric supply-lines and any buildings, machinery
or apparatus required to supply energy and to carry into effect the
objects of a license granted under Part II.
PART II
Grant of Licenses
SUPPLY OF ENERGY
Licenses
3. (1) The Government may, on application made in the prescribed
form and on payment of the prescribed fee (if any), grant to any person
a license to supply energy in any specified area, and also to lay down or
place electric supply-lines for the conveyance and transmission of
energy,-
(a) where the energy to be supplied is to be generated out-side such area
from a generating station situated outside such area to the boundary of
such area, or
(b) where energy is to be conveyed or transmitted from any place in
such area to any other place therein, across an intervening area not
included therein, across such area.
(2) In respect of every such license and the grant thereof the following
provisions shall have effect, namely:(a) any person applying for a license under this Part shall publish a
notice of his application in the prescribed
manner and with the prescribed particulars, and the license shall not be
granted(i) until all objections received by the Government with reference
thereto have been considered by it:
Provided that no objection shall be so considered unless it is received
before the expiration of three months from the date of the first
publication of such notice as aforesaid; and
(ii) until, in the case of an application for a license for an area including
the whole or any part of any cantonment, fortress, arsenal, dockyard or
camp or of any building or place in the occupation of the Government
for naval or military purposes, the Government has ascertained that
there is no objection to the grant of the license on the part of the
Engineer-in-Chief, General Headquarters, Bangladesh;
(b) where an objection is received from any local authority concerned,
the Government shall, if in its opinion the objection is insufficient,
record in writing, and communicate to such local authority its reasons
for such opinion;
(c) no application for a license under this Part shall be made by any
local authority except in pursuance of a resolution passed at a meeting
of such authority held after one month’s previous notice of the same
and of the purpose thereof has been given in the manner in which
notices of meetings of such local authority are usually given;
(d) a license under this Part(i) may prescribe such terms as to the limits within which, and the
conditions under which, the supply of energy is to be compulsory or
permissive, and as to the limits of price to be charged in respect of the
supply of energy, and generally as to such matters as the Government
may think fit; and
(ii) save in cases in which under section 10, clause (b), the provisions of
sections 5 and 7, or either of them, have been declared not to apply,
every such license shall declare whether any generating station to be
used in connection with the undertaking shall or shall not form part of
the undertaking for the purpose of purchase under section 5 or section
7;
(e) the grant of a license under this Part for any purpose shall not in any
way hinder or restrict the grant of a license to another person within the
same area of supply for a like purpose;
(f) the provisions contained in the Schedule shall be deemed to be
incorporated with, and to form part of, every license granted under this
Part, save in so far as they are expressly added to, varied or excepted by
the license, and shall, subject to any such additions, variations or
exceptions which the Government is hereby empowered to make, apply
to the undertaking authorised by the license:
Provided that, where a license is granted in accordance with the
provisions of clause IX of the Schedule for the supply of energy to
other licensees for distribution by them, then, in so far as such license
relates to such supply, the provisions of clauses IX, V, VI, VII, VIII
and XII of the schedule shall not be deemed to be incorporated with the
license.
Revocation or
amendment of
licenses
4. (1) The Government may, if in its opinion the public interest so
requires, revoke a license in any of the following cases, namely:
(a) where the licensee, in the opinion of the Government, makes wilful
and unreasonably prolonged default in doing anything required of him
by or under this Act;
(b) where the licensee breaks any of the terms or conditions of his
license the breach of which is expressly declared by such license to
render it liable to revocation;
(c) where the licensee fails, within the period fixed in this behalf by his
license or any longer period which the Government may substitute
therefor by order under sub-section (3), clause (b), and before
exercising any of the powers conferred on him thereby in relation to the
execution of works,
(i) to show, to the satisfaction of the Government, that he is in a
position fully and efficiently to discharge the duties and obligations
imposed on him by his license, or
(ii) to make the deposit or furnish the security required by his license;
(d) where the licensee is, in the opinion of the Government, unable, by
reason of his insolvency, fully and efficiently to discharge the duties
and obligations imposed on him by his license;
(e) where the licensee is, in the opinion of the Government, unable to
supply energy to meet the requirements of the consumers in any area of
supply.
(2) Where the Government might, under sub-section (1), revoke a
license, it may, instead of revoking the license, impose on the licensee a
penalty, not exceeding ten thousand taka, and permit the license to
remain in force subject to such further terms or conditions as it thinks
fit to impose, and any further terms or conditions so imposed shall be
binding upon, and be observed by, the licensee, and shall be of like
force and effect as if they were contained in the license.
(3) Where in its opinion the public interest so permits, the Government
may, on the application or with the consent of the licensee, and, if the
licensee is not a local authority, after consulting the local authority (if
any) concerned,
(a) revoke a license as to the whole or any part of the area of supply
upon such terms and conditions as it thinks fit, or
(b) make such alterations or amendments in the terms and conditions of
a license, including the provisions specified in section 3, sub-section
(2), clause (f), as it thinks fit.
Provisions where
license of
licensee, not
being a local
authority, is
revoked
5. Where the Government revokes under section 4, sub-section (1), the
license of a licensee, not being a local authority, the following
provisions shall have effect, namely:(a) the Government shall serve a notice of the revocation upon the
licensee, and, where the whole of the area of supply is included in the
area for which a single local authority is constituted, upon that local
authority also, and shall in the notice fix a date on which the revocation
shall take effect; and on and with effect from that date, all the powers
and liabilities of the licensee under this Act shall absolutely cease and
determine;
(b) where a notice has been served on a local authority under clause (a),
the local authority may, within three months after the service of the
notice, and with the written consent of the Government, by notice in
writing, require the licensee to sell, and thereupon the licensee shall
sell, the undertaking to the local authority on payment of the value of
all lands, buildings, works, materials and plant of the licensee suitable
to, and used by him for, the purposes of the undertaking, other than a
generating station declared by the license not to form part of the
undertaking for the purpose of purchase, such value to be, in case of
difference or dispute, determined by arbitration:
Provided that the value of such lands, buildings, works, materials and
plant shall be deemed to be their fair market-value at the time of
purchase, due regard being had to the nature and condition for the time
being of such lands, buildings, works, materials and plant, and to the
state of repair thereof, and to the circumstance that they are in such a
position as to be ready for immediate working, and to the suitability of
the same for the purposes of the undertaking, but without any addition
in respect of compulsory purchase or of goodwill or of any profits
which may be or might have been made from the undertaking, or of any
similar considerations:
Provided further that where a case has been referred to arbitration, the
local authority shall subject to adjustment against the value that may be
finally determined by Arbitration, make payment in advance of seventy
five per cent. of the amount of such value estimated to be fair by such
local authority:
Provided further that before making such payment, the local authority
may, after giving the licensee an opportunity of being heard, deduct
from such sum any debts and dues payable to Government by such
licensee.
(c) where the public interest so requires the Government may, if it
thinks fit, elect to purchase the under taking immediately after revoking
the license of the licensee under section 4 and licensee shall sell the
undertaking to the Government.
(d) where the Government elects to purchase the undertaking, it may
take over work the undertaking pending completion of the sale upon
terms and conditions similar to those set forth in clause (b) and the
licensee shall make over the undertaking to the Government on the date
and time fixed by it.
(e) where a purchase has been effected under any of the preceding
clauses,-
(i) the undertaking shall vest in the purchasers free from any debts,
mortgages or similar obligations of the licensee or attaching to the
undertaking:
Provided that any such debts, mortgages or similar obligations shall
attach to the purchase-money is substitution for the undertaking; and
(ii) the revocation of the license shall extend only to the revocation of
the rights, powers, authorities, duties and obligations of the licensee
from whom the undertaking is purchased, and, save as aforesaid, the
license shall remain in full force, and the purchaser shall be deemed to
be the licensee:
Provided that where the Government elects to purchase under clause
(d), the license shall, after purchase, in so far as the Government is
concerned, cease to have any further operation;
(f) where no purchase has been effected under any of the foregoing
clauses, the licensee shall have the option of disposing of all lands,
buildings, works, materials and plant belonging to the undertaking in
such manner as he may think fit:
Provided that, if the licensee does not exercise such option within a
period of six months from the date on which the same became
exercisable, the Government may forthwith cause the works of the
licensee in, under, over, along or across any street to be removed and
every such street to be reinstated, and recover the cost of such removal
and reinstatement from the licensee;
(g) if the licensee has been required to sell the undertaking, and if the
sale has not been completed by the date fixed in the notice issued under
clause (a), the purchaser may, with the previous sanction of the
Government, work the undertaking pending the completion of the sale.
Provisions where
license of local
authority is
revoked
6. (1) Where the Government revokes the license of a local authority
under section 4, sub-section (1), and any person is willing to purchase
the undertaking the Government may, if it thinks fit, require the local
authority to sell, and thereupon the local authority shall sell, the
undertaking to such person on such terms as the Government thinks
just:
(2) Where no purchase has been effected under sub-section (1), the
licensee shall have the option of disposing of all lands, buildings,
works, materials and plant belonging to the undertaking in such manner
as he may think fit:
Provided that, if the licensee does not exercise such option within a
period of six months from the date on which the same became
exercisable, the Government may forthwith cause the works of the
licensee in, under, over, along or across any street to be removed and
every such street to be reinstated, and recover the cost of such removal
and reinstatement from the licensee.
Purchase of
undertaking
7. (1) Where a license has been granted to any person not being a local
authority, and the whole of the area of supply is included in the area for
which a single local authority is constituted, the local authority shall, on
the expiration of such period, not exceeding fifty years, and of every
such subsequent period, not exceeding twenty years, as shall be
specified in this behalf in the license, have the option of purchasing the
undertaking, and, if the local authority, with the previous sanction of
the Government, elects to purchase, the licensee shall sell the
undertaking to the local authority on payment of the value of all lands,
buildings, works, materials and plant of the licensee suitable to, and
used by him for, the purposes of the undertaking, other than a
generating station declared by the license not to form part of the
undertaking for the purpose of purchase, such value to be, in case of
difference or dispute, determined by arbitration:
Provided that the value of such lands, buildings, works, materials and
plant shall be deemed to be their fair market-value at the time of
purchase, due regard being had to the nature and condition for the time
being of such lands, buildings, works, materials and plant, and to the
state of repair thereof and to the circumstance that they are in such a
position as to be ready for immediate working, and to the suitability of
the same for the purposes of the undertaking:
Provided also that there shall be added to such value as aforesaid such
percentage, if any, not exceeding twenty per centum on that value as
may be specified in the license, on account of compulsory purchase.
(2) Where(a) the local authority does not elect to purchase under sub-section (1),
or
(b) the whole of the area of supply is not included in the area for which
a single local authority is constituted, or
(c) a licensee supplies energy from the same generating station to two
or more areas of supply, each controlled by its own local authority, and
has been granted a license in respect of each area of supply,
the Government shall have the like option upon the like terms and
conditions.
(3) Where a purchase has been effected under sub-section (1) or subsection (2),(a) the undertaking shall vest in the purchasers free from any debts,
mortgages or similar obligations of the licensee or attaching to the
undertaking:
Provided that any such debts, mortgages or similar obligations shall
attach to the purchase-money in substitution for the undertaking; and
(b) save as aforesaid, the license shall remain in full force, and the
purchaser shall be deemed to be the licensee:
Provided that where the Government elects to purchase under subsection (2), the license shall, after purchase, in so far as the Government
is concerned, cease to have any further operation.
(4) Not less than two years’ notice in writing of any election to
purchase under this section shall be served upon the licensee by the
local authority or the Government, as the case may be.
(5) Notwithstanding anything hereinbefore contained, a local authority
may, with the previous sanction of the Government, waive its option to
purchase and enter into an agreement with the licensee for the working
by him of the undertaking until the expiration of the next subsequent
period referred to in sub-section (1), upon such terms and conditions as
may be stated in such agreement.
Provisions where
no purchase and
license revoked
with consent of
licensee
8. Where, on the expiration of any of the periods referred to in section
7, sub-section (1), neither a local authority nor the Government
purchases the undertaking, and the license is, on the application or with
the consent of the licensee, revoked, the licensee shall have the option
of disposing of all, lands, buildings, works, materials, and plant
belonging to the undertaking in such manner as he may think fit:
Provided that, if the licensee does not exercise such option within a
period of six months, the Government may proceed to take action as
provided in section 5, clause (f), proviso.
Licensee not to
purchase, or
associate himself
with other
licensed
undertakings or
9. (1) The licensee shall not, at any time without the previous consent in
writing of the Government, acquire, by purchase or otherwise, the
license or the undertaking of, or associate himself so far as the business
of supplying energy is concerned with, any person supplying, or
intending to supply, energy under any other license, and, before
applying for such consent, the licensee shall give not less than one
transfer his
undertakings
month’s notice of the application to every local authority, both in the
licensee’s area of supply, and also in the area or district in which such
other person supplies, or intends to supply, energy:
Provided that nothing in this sub-section shall be construed to require
the consent of the Government for the supply of energy by one licensee
to another in accordance with the provisions of clause IX of the
Schedule.
(2) The licensee shall not at any time assign his license or transfer his
undertaking, or any part thereof, by sale, mortgage, lease, exchange or
otherwise without the previous consent in writing of the Government.
(3) Any agreement relating to any transaction of the nature described in
sub-section (1) or sub-section (2), unless made with, or subject to such
consent as aforesaid, shall be void.
General power for
Government to
vary terms of
purchase
10. Notwithstanding anything in sections 5, 7 and 8, the Government
may, in any license to be granted under this Act,(a) vary the terms and conditions upon which, and the periods on the
expiration of which, the licensee shall be bound to sell his undertaking,
or
(b) direct that, subject to such conditions and restrictions (if any) as it
may think fit to impose, the provisions of the said sections or any of
them shall not apply.
Annual accounts
of licensee
Provisions as to
the opening and
breaking up of
streets, railways
and tramways
11. (1) Every licensee shall, unless expressly exempted from the
liability by his license, or by order in writing of the Government,
prepare and render to the Government or to such authority as the
Government may appoint in this behalf, on or before the prescribed
date in each year an annual statement of accounts of his undertaking
made up to such date, in such form, and containing such particulars, as
may be prescribed in this behalf.
(2) The licensee shall keep copies of such annual statement at his
office, and sell the same to any applicant at a price not exceeding 4[ one
hundred taka] per copy.
Works
12. (1) Any licensee may, from time to time but subject always to the
terms and conditions of his license, within the area of supply, or when
permitted by the terms of his license to lay down or place electric
supply-lines without the area of supply, without that area(a) open and break up the soil and pavement of any street, railway or
tramway;
(b) open and break up any sewer, drain or tunnel in or under any street,
railway or tramway;
(c) lay down and place electric supply-lines and other works;
(d) repair, alter or remove the same; and
(e) do all other acts necessary for the due supply of energy.
(2) Nothing contained in sub-section (1) shall be deemed to authorise or
empower a licensee, 5[ without intimation to the local authority or to the
owner or] occupier concerned, as the case may be, to lay down or place
any electric supply-line or other work in, through or against any
building, or on, over or
under any land not dedicated to public use whereon, whereover or
whereunder any electric supply-line or work has not already been
lawful laid down or placed by such licensee:
Provided that any support of an aerial line or any stay or strut required
for the sole purpose of securing in position any support of an aerial line
may be fixed on any building or land or, having been so fixed, may be
altered, notwithstanding the objection of the owner or occupier of such
building or land, if the District Magistrate by order in writing so directs:
Provided, also, that, if at any time the owner or occupier of any
building or land on which any such support, stay or strut has been fixed
shows sufficient cause, the District Magistrate may by order in writing
direct any such support, stay or strut to be removed or altered.
(3) When making an order under sub-section (2), the District
Magistrate, shall fix the amount of compensation or of annual rent, or
of both, which should in his opinion be paid by the licensee to the
owner or occupier.
(4) Every order made by a District Magistrate under sub-section (2)
shall be subject to revision by the Government.
(5) Nothing contained in sub-section (1) shall be deemed to authorise or
empower any licensee to open or break up any street not repairable by
the Government or a local authority, or any railway or tramway, except
such streets, railways or tramways (if any), or such parts thereof, as he
is specially authorised to break up by his license, without the written
consent of the person by whom the street is repairable or of the person
for the time being entitled to work the railway or tramway unless with
the written consent of the Government:
Provided that the Government shall not give any such consent as
aforesaid, until the licensee has given notice by advertisement or
otherwise as the Government may direct, and within such period as the
Government may fix in this behalf, to the person above referred to, and
until all representations or objections received in accordance with the
notice have been considered by the Government.
Notice of new
works
13. (1) Where the exercise of any of the powers of a licensee in relation
to the execution of any works involves the placing of any works in,
under, over, along or across any street, part of a street, railway,
tramway, canal or waterway, the following provisions shall have effect,
namely:(a) not less than one month before commencing the execution of the
works (not being a service line immediately attached, or intended to be
immediately attached, to a distributing main, or the repair, renewal or
amendment of existing works of which the character or position is not
to be altered), the licensee shall serve upon the person responsible for
the repair of the street or part of a street (hereinafter in this section
referred to as “the repairing authority”) or upon the person for the time
being entitled to work the railway, tramway, canal or waterway
(hereinafter in this section referred to as “the owner”), as the case may
be, a notice in writing describing the proposed works, together with a
section and plan thereof on a scale sufficiently large to show clearly the
details of the proposed works, and not in any case smaller than one inch
to eight feet vertically and sixteen inches to the mile horizontally and
intimating the manner in which, and the time at which, it is proposed to
interfere with or alter any existing works, and shall, upon being
required to do so by the repairing authority or owner, as the case may
be, from time to time give such further information in relation thereto
as may be desired;
(b) if the repairing authority intimates to the licensee that it disapproves
of such works, section or plan, or approves thereof subject to
amendment, the licensee may, within one week of receiving such
intimation, appeal to the Government, whose decision, after considering
the reasons given by the repairing authority for its action, shall be final;
(c) if the repairing authority fails to give notice in writing of its
approval or disapproval to the licensee within one month, it shall be
deemed to have approved of the works, section and plan, and the
licensee, after giving not less than forty-eight hours’ notice in writing to
the repairing authority, may proceed to carry out the works in
accordance with the notice and the section and plan served under clause
(a);
(d) if the owner disapproves of such works, section or plan, or approves
thereof subject to amendment, he may, within three weeks after the
service of the notice under clause (a), serve a requisition upon the
licensee demanding that any question in relation to the works or to
compensation, or to the obligations of the owner to others in respect
thereof, shall be determined by arbitration, and thereupon the matter
shall, unless settled by agreement, be determined by arbitration;
(e) where no requisition has been served by the owner upon the licensee
under clause (d), within the time named, the owner shall be deemed to
have approved of the works, section and plan, and in that case, or where
after a requisition for arbitration the matter has been determined by
arbitration, the works may, upon payment or securing of compensation,
be executed according to the notice and the section and plan, subject to
such modifications as may have been determined by arbitration or
agreed upon between the parties;
(f) where the works to be executed consist of the laying of any
underground service line immediately attached, or intended to be
immediately attached, to a distributing main, the licensee shall give to
the repairing authority or the owner, as the case may be, not less than
forty-eight hours’ notice in writing of his intention to execute such
works;
(g) where the works to be executed consist of the repair, renewal or
amendment of existing works of which the character or position is not
to be altered, the licensee shall, except in cases of emergency, give to
the repairing authority, or to the owner, as the case may be, not less
than forty-eight hours’ notice in writing of his intention to execute such
works, and, on the expiry of such notice, such works shall be
commenced forthwith and shall be carried on with all reasonable
despatch, and, if possible, both by day and by night until completed.
(2) Where the licensee makes default in complying with any of these
provisions, he shall make full compensation for any loss or damage
incurred by reason thereof, and, where any difference or dispute arises
as to the amount of such compensation, the matter shall be determined
by arbitration.
(3) Notwithstanding anything in this section, the licensee may, in case
of emergency due to the breakdown of an underground electric supplyline, after giving notice in writing to the repairing authority or the
owner, as the case may be, of his intention to do so, place an aerial line
without complying with the provisions of sub-section (1):
Provided that such aerial line shall be used only until the defect in the
underground electric supply-line can be made good, and in no case
unless with the written consent of the Government for a period
exceeding six weeks, and shall be removed as soon as may be after
such defect is removed.
Alteration of
pipes or wires
14. (1) Any licensee may alter the position of any pipe (not forming, in
a case where the licensee is not a local authority, part of a local
authority’s main sewer), or of any wire under or over any place which
he is authorised to open or break up, if such pipe or wire is likely to
interfere with the exercise of his powers under this Act; and any person
may alter the position of any electric supply-lines or works of a licensee
under or over any such place as aforesaid, if such electric supply-lines
or works are likely to interfere with the lawful exercise of any powers
vested in him.
(2) In any such case as aforesaid the following provisions shall, in the
absence of an agreement to the contrary between the parties concerned,
apply, namely:(a) not less than one month before commencing any alteration, the
licensee or other person desiring to make the same (hereinafter in this
section referred to as “the operator”) shall serve upon the person for the
time being entitled to the pipe, wire, electric supply-lines or works as
the case may be (hereinafter in this section referred to as “the owner”),
a notice in writing, describing the proposed alteration, together with a
section and plan thereof on a scale sufficiently large to show clearly the
details of the proposed works, and not in any case smaller than one inch
to eight feet vertically and sixteen inches to the mile horizontally, and
intimating the time when it is to be commenced, and shall subsequently
give such further information in relation thereto as the owner may
desire;
(b) within fourteen days after the service of the notice, section and plan
upon the owner, the owner may serve upon the operator a requisition to
the effect that any question arising upon the notice, section or plan shall
be determined by arbitration, and thereupon the mater shall, unless
settled by agreement, be determined by arbitration;
(c) every arbitrator to whom a reference is made under clause (b) shall
have regard to any duties or obligations which the owner is under, and
may require the operator to execute any temporary or other works so as
to avoid, as far as possible, interference therewith;
(d) where no requisition is served upon the operator under clause (b)
within the time named, or where such a requisition has been served and
the matter has been settled by agreement or determined by arbitration,
the alteration may, upon payment or securing of any compensation
accepted for determined by arbitration, be executed in accordance with
the notice, section and plan and subject to such modifications as may
have been determined by arbitration or agreed upon between the
parties;
(e) the owner may, at any time before the operator is entitled to
commence the alteration, serve upon the operator a statement in writing
to the effect that he desires to execute the alteration himself and
requires the operator to give such security for the repayment of any
expenses as may be agreed upon or, in default of agreement,
determined by arbitration;
(f) where a statement is served upon the operator under clause (e), he
shall, not less than forty-eight hours before the execution of the
alteration is required to be commenced, furnish such security and serve
upon the owner a notice in writing intimating the time when the
alteration is required to be commenced, and the manner in which it is
required to be made; and thereupon the owner may proceed to execute
the alteration as required by the operator;
(g) where the owner declines to comply, or does not, within the time
and in the manner prescribed by a notice served upon him under clause
(f), comply with the notice, the operator may himself execute the
alteration;
(h) all expenses properly incurred by the owner in complying with a
notice served upon him by the operator under clause (f) may be
recovered by him from the operator.
(3) Where the licensee or other person desiring to make the alteration
makes default in complying with any of these provisions, he shall make
full compensation for any loss or damage incurred by reason thereof,
and, where any difference or dispute arises as to the amount of such
compensation, the matter shall be determined by arbitration.
Laying of electric
supply-lines or
other works near
sewers, pipes or
other electric
supply-lines or
works
15. (1) Where(a) the licensee requires to dig or sink any trench for laying down any
new electric supply-lines or other works, near to which any sewer,
drain, water-course or work under the control of the Government or of
any local authority, or any pipe, syphon, electric supply-line or other
work belonging to any duly authorised person, has been lawfully
placed, or
(b) any duly authorised person requires to dig or sink any trench for
laying down or constructing any new pipes or other works, near to
which any electric supply-lines or works of a licensee have been
lawfully placed,
the licensee or such duly authorised person, as the case may be
(hereinafter in this section referred to as “the operator”), shall, unless it
is otherwise agreed upon between the parties interested or in case of
sudden emergency, give to the Government or local authority, or to
such duly authorised person or to the licensee, as the case may be
(hereinafter in this section referred to as “the owner”), 6[ immediate
intimation in writing by special messenger or by telephonic message
followed by written intimation] before commencing to dig or sink the
trench and the owner shall have the right to be present during the
execution of the work, which shall be executed to the reasonable
satisfaction of the owner.
(2) Where the operator finds it necessary to undermine, but not to alter,
the position of any pipe, electric supply-line or work, he shall support it
in position during the execution of the work, and before completion
shall provide a suitable and proper foundation for it where so
undermind.
(3) Where the operator (being the licensee) lays any electric supply-line
across, or so as to be liable to touch, any pipes, lines or service-pipes or
service-lines belonging to any duly authorised person or to any person
supplying, transmitting or using energy under this Act, he shall not,
except with the written consent of such person and in accordance with
section 34, sub-section (1), lay his electric supply-lines so as to come
into contact with any such pipes, lines or service-pipes or service-lines.
(4) Where the operator makes default in complying with any of the
provisions of this section, he shall make full compensation for any loss
or damage incurred by reason thereof.
(5) Where any difference or dispute arises under this section, the matter
shall be determined by arbitration.
(6) Where the licensee is a local authority, the references in this section
to the local authority and to sewers, drains, water-courses or works
under its control shall not apply.
Streets, railways,
tramways, sewers,
drains or tunnels
broken up to be
reinstated without
16. (1) Where any person, in exercise of any of the powers conferred by
or under this Act, opens or breaks up the soil or pavement of any street,
railway or tramway, or any sewer, drain or tunnel, he shall(a) immediately cause the part opened or broken up to be fenced and
delay
guarded;
(b) before sunset cause a light or lights, sufficient for the warning of
passengers, to be set up and maintained until sunrise against or near the
part opened or broken up;
(c) with all reasonable speed fill in the ground and reinstate and make
good the soil or pavement, or the sewer, drain or tunnel, opened or
broken up, and carry away the rubbish occasioned by such opening or
breaking up; and
(d) after reinstating and making good the soil or pavement, or the
sewer, drain or tunnel broken or opened up, keep the same in good
repair for there months and for any further period, not exceeding nine
months, during which subsidence continues.
(2) Where any person fails to comply with any of the provisions of subsection (1), the person having the control or management of the street,
railway, tramway, sewer, drain or tunnel in respect of which the default
has occurred, may cause to be executed the work which the defaulter
has delayed or omitted to execute, and may recover from him the
expenses incurred in such execution.
(3) Where any difference or dispute arises as to the amount of the
expenses incurred under sub-section (2), the matter shall be determined
by arbitration.
Notice to
telegraph
authority
17. (1) A licensee shall, before laying down or placing, within ten yards
of any part of any telegraph-line, any electric supply-line or other
works (not being either service lines or electric supply-lines for the
repair, renewal or amendment of existing works of which the character
or position is not to be altered), give not less than ten days notice in
writing to the telegraph-authority, specifying(a) the course of the works or alteration proposed,
(b) the manner in which the works are to be utilised,
(c) the amount and nature of the energy to be transmitted, and
(d) the extent to, and manner in, which (if at all) earth returns are to be
used;
and the licensee shall conform with such reasonable requirements,
either general or special, as may be laid down by the telegraph authority
within that period for preventing any telegraph-line from being
injuriously affected by such works or alterations:
Provided that, in case of emergency (which shall be stated by the
licensee in writing to the telegraph-authority) arising from defects in
any of the electric supply-lines or other works of the licensee, the
licensee shall be required to give only such notice as may be possible
after the necessity for the proposed new works or alterations has arisen.
(2) Where the works to be executed consist of the laying or placing of
any service line, the licensee shall, not less than forty-eight hours
before commencing the work, serve upon the telegraph-authority a
notice in writing of his intention to execute such works.
Aerial lines
18. (1) Save as provided in section 13, sub-section (3), nothing in this
Part shall be deemed to authorise or empower a licensee to place any
aerial line along or across any street, railway, tramway, canal or
waterway unless and until the Government has communicated to him a
general approval in writing of the methods of construction which he
proposes to adopt:
Provided that the communication of such approval shall in no way
relieve the licensee of his obligations with respect to any other consent
required by or under this Act.
(2) Where any aerial line has been placed or maintained by a licensee in
breach of the provisions of sub-section (1), the Government may
require the licensee forthwith to remove the same, or may cause the
same to be removed, and recover from the licensee the expenses
incurred in such removal.
(3) Where any tree standing or lying near an aerial line, or where any
structure or other object which has been placed or has fallen near an
aerial line subsequently to the placing of such line, interrupts or
interferes with, or is likely to interrupt or interfere with, the conveyance
or transmission of energy or the accessibility of any works, a
Magistrate of the first class may, on the application of the licensee,
cause the tree, structure of object to be removed or otherwise dealt with
as he thinks fit.
(4) When disposing of an application under sub-section (3), the
Magistrate shall, in the case of any tree in existence before the placing
of the aerial line, award to the person interested in the tree such
compensation as he thinks reasonable, and such person may recover the
same from the licensee.
Explanation − For the purposes of this section, the expression “tree”
shall be deemed to include any shrub, hedge, jungle-growth or other
plant.
Compensation for
damage
Point where
supply is
delivered
Power for
licensee to enter
premises and to
remove fittings or
other apparatus of
licensee
19. (1) A licensee shall, in exercise of any of the powers conferred by
or under this Act, cause as little damage, detriment and inconvenience
as may be, and shall make full compensation for any damage, detriment
or inconvenience caused by him or by any one employed by him.
(2) Save in the case provided for in section 12, sub-section (3), where
any difference or dispute arises as to the amount or the application of
such compensation, the matter shall be determined by arbitration.
Supply
7
[ 19A. For the purposes of this Act, the point at which the supply of
energy by a licensee to a consumer shall be deemed to commence shall
be determined in such manner as may be prescribed.]
20. (1) A licensee or any person duly authorised by a licensee may, at
any reasonable time, and on informing the occupier of his intention,
enter any premises to which energy is or has been supplied by him, for
the purpose of(a) inspecting and testing the electric supply-lines, meters, fittings,
works, and apparatus for the supply of energy belonging to the licensee;
or
(b) ascertaining the amount of energy supplied or the electrical quantity
contained in the supply; or
(c) removing, where a supply of energy is no longer required, or where
the licensee is authorised to take away and cut off such supply, any
electric supply-lines meters, fittings, works or apparatus belonging to
the licensee.
(2) A licensee or any person authorised as aforesaid may also, in
pursuance of a special order in this behalf made by the 8[ Magistrate of
the 1st class], and after giving not less than twenty-four hours’ notice in
writing to the occupier, enter any premises to which energy is or has
been supplied, or is to be supplied, by him for the purpose of examining
and testing the electric wires, fittings, works and apparatus for the use
of energy belonging to the consumer.
(3) Where a consumer refuses to allow a licensee or any person
authorised as aforesaid to enter his premises in pursuance of the
provisions of sub-section (1) or sub-section (2), or, when such licensee
or person has so entered, refuses to allow him to perform any act which
he is authorised by those sub-sections to perform, or fails to give
reasonable facilities for such entry or performance, the licensee may,
after the expiry of twenty-four hours from the service of a notice in
writing on the consumer, cut off the supply to the consumer for so long
as such refusal or failure continues, but for no longer.
Restrictions on
licensee’s
controlling or
interfering with
use of energy
21. (1) A licensee shall not be entitled to prescribe any special form of
appliance for utilising energy supplied by him, or, save as provided by
section 23, sub-section (2), or by section 26, sub-section (7), in anyway
to control or interfere with the use of such energy:
Provided that no person may adopt any form of appliance, or use the
energy supplied to him, so as unduly or improperly to interfere with the
supply by the licensee of energy to any other person.
(2) Subject to the provisions of sub-section (1), a licensee may, with the
previous sanction of the Government, given after consulting the local
authority, where the licensee is not the local authority, make conditions
not inconsistent with this Act or with his license or with any rules made
under this Act, to regulate his relations with persons who are or intend
to become consumers, and may, with the like sanction given after the
like consultation, add to or alter or amend any such conditions; and any
conditions made by a licensee without such sanction shall be null and
void:
9
[ * * *]
(3) The Government may, after the like consultation, cancel any
condition or part of a condition previously sanctioned under sub-section
(2) after giving to the licensee not less than one month’s notice in
writing of its intention so to do.
(4) Where any difference or dispute arises as to whether a licensee has
prescribed any appliance or controlled or interfered with the use of
energy in contravention of sub-section (1), the matter shall be either
referred to an Electric Inspector and decided by him or, if the licensee
or consumer so desires, determined by arbitration.
Obligation on
licensee to supply
energy
22. Where energy is supplied by a licensee, every person within the
area of supply shall, except in so far as is otherwise provided by the
terms and conditions of the license, be entitled, on application, to a
supply on the same terms as those on which any other person in the
same area is entitled in similar circumstances to a corresponding
supply:
Provided that no person shall be entitled to demand, or to continue to
receive, from a licensee a supply of energy for any premises having a
separate supply unless he has agreed with the licensee to pay to him
such minimum annual sum as will give him a reasonable return on the
capital expenditure, and will cover other standing charges incurred by
him in order to meet the possible maximum demand for those premises,
the sum payable to be determined in case of difference or dispute by
arbitration.
Charges for
energy to be made
without undue
preference
23. (1) A licensee shall not, in making any agreement for the supply of
energy, show undue preference to any person, but may, save as
aforesaid, make such charges for the supply of energy as may be agreed
upon, not exceeding the limits imposed by his license.
(2) No consumer shall, except with the consent in writing of the
licensee, use energy supplied to him under one method of charging in a
manner for which a higher method of charging is in force.
(3) In the absence of an agreement to the contrary, a licensee may
charge for energy supplied by him to any consumer(a) by the actual amount of energy so supplied, or
10
[ (b) by the connected load in the supply, or]
(c) by such other method as may be approved by the Government.
(4) Any charges made by a licensee under clause (c) of sub-section (3)
may be based upon, and vary in accordance with, any one or more of
the following considerations, namely:(a) the consumer’s load factor, or
(b) the power factor of his load, or
(c) his total consumption of energy during any stated period, or
11
[ (cc) the maximum demand by the consumer, load sanctioned by the
licensee or contracted load, or]
(d) the hours at which the supply of energy is required.
Discontinuance of
supply to
consumer
neglecting to pay
charge
24. (1) Where any person neglects to pay 12[ within the period stated
therein in the bill] any charge for energy or any sum, other than a
charge for energy, due from him to a licensee in respect of the supply of
energy to him, the licensee may, after giving not less than 13[ ten] clear
days’ notice in writing to such person and without prejudice to his right
to recover such charge or other sum by suit, cut off the supply and for
that purpose cut or disconnect any electric supply-line or other works,
being the property of the licensee, through which energy may be
supplied, and may discontinue the supply until such charge or other
sum, together with any expenses incurred by him in cutting off and re-
connecting the supply, are paid, but no longer.
(2) Where any difference or dispute has been referred under this Act to
an Electric Inspector before notice as aforesaid has been given by the
licensee, the licensee shall not exercise the powers conferred by this
section until the Inspector has given his decision:
Provided that the prohibition contained in this sub-section shall not
apply in any case in which the licensee has made a request in writing to
the consumer for a deposit with the Electric Inspector of the amount of
the licensee’s charges or other sums in dispute or for the deposit of the
licensee’s charges or other sums in dispute or for the deposit of the
licensee’s further charges for energy as they accrue, and the consumer
has failed to comply with such request.
Exemption of
electric supplylines or other
apparatus from
attachment in
certain cases
25. Where any electric supply-lines, meters, fittings, works or apparatus
belonging to a licensee are placed in or upon any premises, not being in
the possession of the licensee, for the purpose of supplying energy,
such electric supply-lines, meters, fittings, works and apparatus shall
not be liable to be taken in execution under any process of any Civil
Court or in any proceedings in insolvency against the person in whose
possession the same may be.
Meters
26. (1) In the absence of an agreement to the contrary, the amount of
energy supplied to a consumer or the electrical quantity contained in the
supply shall be ascertained by means of a correct meter, and the
licensee shall 14[ * * *] cause the consumer to be supplied with such a
meter:
15
[ Provided that the licensee may require the consumer to give him
security for the price of a meter and enter into an agreement for the hire
thereof:
Provided further that the licensee may allow the consumer to arrange
his own meter subject to the conditions that the consumer must get the
meter tested and sealed by the licensee.]
(2) Where the consumer so enters into an agreement for the hire of a
meter, the licensee shall keep the meter correct, and, in default of his
doing so, the consumer shall, for so long as the default continues, cease
to be liable to pay for the hire of the meter.
(3) Where the meter is the property of the consumer, he shall keep the
meter correct, and, in default of his doing so, the licensee may, after
giving him seven days’ notice, for so long as the default continues,
cease to supply energy through the meter.
(4) The licensee or any person duly authorised by the licensee shall, at
any reasonable time and on informing the consumer of his intention,
have access to, and be at liberty to inspect and test, and for that
purpose, if he thinks fit, take off and remove, any meter referred to in
sub-section (1); and, except where the meter is so hired as aforesaid, all
reasonable expenses of, and incidental to, such inspecting, testing,
taking off and removing shall, if the meter is found to be otherwise than
correct, be recovered from the consumer; and, where any difference or
dispute arises as to the amount of such reasonable expenses, the matter
shall be referred to an Electric Inspector, and the decision of such
Inspector shall be final:
Provided that the licensee shall not be at liberty to take off or remove
any such meter if any difference or dispute of the nature described in
sub-section (6) has arisen until the matter has been determined as
therein provided.
(5) A consumer shall not connect any meter referred to in sub-section
(1) with any electric supply-line through which energy is supplied by a
licensee, or disconnect the same from any such electric supply-line,
without giving to the licensee not less than forty-eight hour’s notice in
writing of his intention.
(6) Where any difference or dispute arises as to whether any meter
referred to in sub-section (1) is or is not correct, the matter shall be
decided, upon the application of either party, by an Electric Inspector,
or by a competent person specially appointed by the Government 16[ in
this behalf within a period of ninety days from the date of receipt of
such application and after affording the parties an opportunity of being
heard]; and, where the meter has, in the opinion of such Inspector or
person, ceased to be correct, such Inspector or person shall estimate the
amount of the energy supplied to the consumer 17[ or the connected
load in the supply], during such time as the meter shall not, in the
opinion of such Inspector or person, have been correct; and where the
matter has been decided by any person other than the Electric Inspector,
an appeal shall lie to the Inspector, whose decision shall in every case
be final: but, save as aforesaid, the register of the meter shall, in the
absence of fraud, be conclusive proof of such amount or quantity:
Provided that, before either a licensee or a consumer applies to the
Electric Inspector under this sub-section, he shall give to the other party
not less than seven days’ notice of his intention so to do.
(7) In addition to any meter which may be placed upon the premises of
a consumer in pursuance of the provisions of sub-section (1), the
licensee may place upon such premises such meter, maximum demand
indicator or other apparatus as he may think fit for the purpose of
ascertaining or regulating either the amount of energy supplied to the
consumer, or the number of hours during which the supply is given, or
the rate per unit of time at which energy is supplied to the consumer, or
any other quantity or time connected with the supply:
Provided that the meter, indicator or apparatus shall not, in the absence
of an agreement to the contrary, be placed otherwise than between the
distributing mains of the licensee and any meter referred to in subsection (1):
Provided, also, that, where the charges for the supply of energy depend
wholly or partly upon the reading or indication of any such meter,
indicator or apparatus as aforesaid, the licensee shall, in the absence of
an agreement to the contrary, keep the meter, indicator or apparatus
correct; and the provisions of sub-sections (4), (5) and (6) shall in that
case apply as though the meter, indicator or apparatus were a meter
referred to in sub-section (1).
Explanation − A meter shall be deemed to be “correct” if it registers
the amount of energy supplied, or the electrical quantity contained in
the supply, within the prescribed limits of error, and a maximum
demand indicator or other apparatus referred to in sub-section (7) shall
be deemed to be “correct” if it complies with such conditions as may be
prescribed in the case of any such indicator or other apparatus.
Supply of energy
outside area of
supply
27. Notwithstanding anything in this Act, the Government may, by
order in writing, and subject to such conditions and restrictions, if any,
as it thinks fit to impose, authorise any licensee to supply energy to any
person outside the area of supply, and to lay down or place electric
supply-lines for that purpose:
Provided, first, that no such authority shall be conferred on the licensee
within the area of supply of another licensee without that licensee’s
consent, unless the Government considers that his consent has been
unreasonably withheld:
Provided, secondly, that such authority shall not be conferred unless the
person to whom the supply is to be given has entered into a specific
agreement with the licensee for the taking of such supply:
Provided, thirdly, that a licensee on whom such authority has been
conferred shall not be deemed to be empowered outside the area of
supply to open or break up any street, or any sewer, drain or tunnel in
or under any street, railway or tramway, or to interfere with any
telegraph-line, without the written consent of the local authority or
person by whom such street, sewer, drain or tunnel is repairable, or of
the telegraph-authority, as the case may be, unless the Government,
after such inquiry as it thinks fit, considers that such consent has been
unreasonably withheld:
Provided, fourthly, that, save as aforesaid, the provisions of this Act
shall apply in the case of any supply authorised under this section as if
the said supply were made within the area of supply.
PART III
SUPPLY, TRANSMISSION AND USE OF ENERGY BY NONLICENSEES
Sanction required
by non-licensees
in certain cases
28. (1) No person, other than a licensee, shall engage in the business of
supplying energy except with the previous sanction of the Government
and in accordance with such conditions as the Government may fix in
this behalf, and any agreement to the contrary shall be void:Provided
that such sanction shall not be given within the area for which a local
authority is constituted, without that local authority’s consent, or within
the area of supply of any licensee, without that licensee’s consent,
unless the Government considers that consent has been unreasonably
withheld.
(2) Where any difference or dispute arises as to whether any person is
or is not engaging; or about to engage, in the business of supplying
energy within the meaning of sub-section (1), the matter shall be
referred to the Government, and the decision of the Government
thereon shall be final.
(3) The Government may, if in its opinion the public interest so
requires, cancel or discontinue, at any time, the sanction given under
sub-section (1).
(4) Where the Government revokes, cancels or discontinues a sanction
given under sub-section (1), the provisions of section 5 shall apply
mutatis mutandis.
Power for nonlicensees to break
up streets
29. (1) The local authority may, by order in writing, confer and impose
upon any person, who has obtained the sanction of the Government
under section 28 to engage in the business of supplying energy, all or
any of the powers and liabilities of a licensee under sections 12 to 19,
both inclusive, and the provisions of the said sections shall thereupon
apply as if such person were a licensee under Part II.
(2) A local authority, not being a licensee, shall, for the purpose of
lighting any street, have the powers and be subject to the liabilities
respectively conferred and imposed by sections 12 to 19, both
inclusive, so far as applicable, as if it were a licensee under Part II.
(3) In cases other than those for which provision is made by sub-section
(1), the person responsible for the repair of any street may, by order in
writing, confer and impose upon any person who proposes to transmit
energy in such street all or any of the powers and liabilities of a
licensee under sections 12 to 19 (both inclusive), in so far as the same
relate to(a) opening or breaking up of the soil or pavement of such street, or
(b) laying down or placing electric supply-lines in, under, along or
across such street, or
(c) repairing, altering or removing such electric supply-lines, and
thereupon the provisions of the said sections shall, so far as aforesaid,
apply to such person as if he were a licensee under Part II.
(4) If no order is made within fourteen days after the receipt of an
application for the same under sub-section (1) or sub-section (3), the
order so applied for shall be deemed to have been refused, and every
order, and every refusal to make an order, under sub-section (1) or subsection (3), shall be subject to revision by the Government.
Application of
section 18 to
aerial lines
maintained by
railways
18
Control of
transmission and
use of energy
30. (1) No person, other than a licensee duly authorized under the terms
of his license, shall transmit or use energy at a rate exceeding 19[ one
kilowatt],-
[ 29A. The provisions of sub-sections (3) and (4) of section 18 and of
the Explanation thereto shall apply in the case of any aerial line placed
by any railway administration as defined in section 3 of the Railways
Act, 1890, as if references therein to the licensee were references to the
railway administration.]
(a) in any street, or
(b) in any place,
(i) in which one hundred or more persons are likely ordinarily to be
assembled, or
(ii) which is a factory within the meaning of the 20[ Factories Act,
1965,] or
(iii) which is a mine within the meaning of the 21[ Mines Act, 1923,] or
(iv) to which the Government, by general or special order, declares the
provisions of this sub-section to apply,
22
[ without obtaining permission from the Government] and complying
with such of the provisions of Part IV, and of the rules made
thereunder, as may be applicable:
Provided that nothing in this section shall apply to energy used for the
public carriage of passengers, animals or goods on, or for the lighting
or ventilation of the rolling-stock of, any railway or tramway subject to
the provisions of the Railways Act, 1890:
Provided, also, that the Government may, by general or special order
and subject to such conditions and restrictions as may be specified
therein, exempt from the application of this section or of any such
provision or rule as aforesaid any person or class of persons using
energy on premises upon or in connection with which it is generated, or
using energy supplied under Part II in any place specified in clause (b).
(2) Where any difference or dispute arises as to whether a place is or is
not one in which one hundred or more persons are likely ordinarily to
be assembled, the matter shall be referred to the Government, and the
decision of the Government thereon shall be final.
(3) The provisions of this section shall be binding on the Government.
PART IV
Protection of
railways and
canals, docks,
wharves and piers
Protection of
telegraphic,
telephonic and
electric signalling
lines
GENERAL
Protective Clauses
31. No person shall, in the generation, transmission, supply or use of
energy, in any way injure any railway, tramway, canal or waterway or
any dock, wharf or pier vested in or controlled by a local authority, or
obstruct or interfere with the traffic on any railway, tramway, canal or
water-way.
32. (1) Every person generating, transmitting, supplying or using
energy (hereinafter in this section referred to as the “operator”) shall
take all reasonable precautions in constructing, laying down and
placing his electric supply-lines and other works and in working his
system, so as not injuriously to affect, whether by induction, or
otherwise, the working of any wire or line used for the purpose of
telegraphic, telephonic or electric- signalling communication, or the
currents in such wire or line.
(2) Where any difference or dispute arises between the operator and the
telegraph-authority as to whether the operator has constructed, laid
down or placed his electric supply-lines or other works, or worked his
system, in contravention of sub-section (1), or as to whether the
working of any wire, line or current is or is not injuriously affected
thereby, the matter shall be referred to the Government; and the
Government, unless it is of opinion that the wire or line has been placed
in unreasonable proximity to the electric supply-lines or works of the
operator after the construction of such lines or works, may direct the
operator to make such alterations in, or additions to, his system as may
be necessary in order to comply with the provisions of this section, and
the operator shall make such alterations or additions accordingly:
Provided that nothing in this sub-section shall apply to the repair,
renewal or amendment of any electric supply-line so long as the course
of the electric supply-line and the amount and nature of the energy
transmitted thereby are not altered.
(3) Where the operator makes default in complying with the
requirements of this section, he shall make full compensation for any
loss or damage incurred by reason thereof, and, where any difference or
dispute arises as to the amount of such compensation, the matter shall
be determined by arbitration.
Explanation − For the purposes of this section, a telegraph-line shall
be deemed to be injuriously affected if telegraphic, telephonic or
electric signalling communication by means of such line is, whether
through induction or otherwise, prejudicially interfered with by an
electric supply-line or work or by any use made thereof.
Notice of
accidents and
inquiries
33. (1) If any accident occurs in connection with the generation,
transmission, supply or use of energy in, or in connection with, any part
of the electric supply-lines or other works of any person, and the
accident results or is likely to have resulted in loss of life or personal
injury, such person shall give notice of the occurrence, and of any loss
of life or personal injury actually occasioned by the accident, in such
form and within such time and to such authorities as the Government
may, by general or special order, direct.
(2) The Government may, if it thinks fit, require any Electric Inspector,
or any other competent person appointed by it in this behalf, to inquire
and report(a) as to the cause of any accident affecting the safety of the public,
which may have been occasioned by, or in connection with, the
generation, transmission, supply or use of energy, or
(b) as to the manner in, and extent to, which the provisions of this Act
or of any license or rules thereunder, so far as those provisions affect
the safety of any person, have been complied with.
Prohibition of
connection with
earth, and power
for Government
to interfere in
certain cases of
default
34. (1) No person shall, in the generation, transmission, supply or use
of energy, permit any part of his electric supply-lines to be connected
with earth except so far as may be prescribed in this behalf or may be
specially sanctioned by the Government.
(2) If at any time it is established to the satisfaction of the Government(a) that any part of an electric supply-line is connected with earth
contrary to the provisions of sub-section (1), or
(b) that any electric supply-lines or other works for the generation,
transmission, supply or use of energy are attended with danger to the
public safety or to human life or injuriously affect any telegraph-line, or
(c) that any electric supply-lines or other works are defective so as not
to be in accordance with the provisions of this Act or of any rule
thereunder,
Advisory Board
the Government may, by order in writing, specify the matter
complained of and require the owner or user of such electric supplylines or other works to remedy it in such manner as shall be specified in
the order, and may also in like manner forbid the use of any electric
supply-line or works until the order is complied with or for such time as
is specified in the order.
Administration and Rules
35. (1) The Government may, for the whole or any part of 23[
Bangladesh], by notification in the official Gazette, constitute an 24[
Electricity Board].
(2) The Board shall consist of a chairman and not less than two other
members.
(3) The Government may, by general or special order,(a) determine the number of members of which the Board shall be
constituted and the manner in which such members shall be appointed,
(b) define the duties and regulate the procedure of the Board,
(c) determine the tenure of office of the members of the Board, and
(d) give directions as to the payment of fees to, and the travelling
expenses incurred by, any member of the Board in the performance of
his duty.
Appointment of
36. (1) 25[ Omitted by Schedule of the Central Laws (Adaptation)
Electric
Inspectors
Order, 1964.]
(2) The Government may, by notification in the official Gazette,
appoint duly qualified persons to be Electric Inspectors within such
areas as may be assigned to them respectively; and every Inspector so
appointed shall exercise the powers and perform the functions of an
Electric Inspector under this Act subject to such restrictions as the
Government may direct.
(3) In the absence of express provision to the contrary in this Act, or
any rule thereunder, an appeal shall lie from the decision of an Electric
Inspector to the Government or, if the Government, by general or
special order, so directs, to the [Electricity Board].
[Omitted]
36A. [Omitted by section 3 of the Electricity (East Pakistan
Amendment) Ordinance, 1959 (Ordinance No. XVIII of 1959).]
Power for Board
to make rules
37. (1) The Government may make rules for the whole of 26[
Bangladesh] or any part thereof, to regulate the generation,
transmission, supply and use of energy, and, generally, to carry out the
purposes and objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may(a) prescribe the form of applications for licenses and the payments to
be made in respect thereof;
(b) regulate the publication of notices;
(c) prescribe the manner in which objections with reference to any
application under Part II are to be made;
(d) provide for the preparation and submission of accounts by licensees
in a specified form;
(e) provide for the securing of a regular, constant and sufficient supply
of energy by licensees to consumers and for the testing at various parts
of the system of the regularity and sufficiency of such supply and for
the examination of the records of such tests by consumers;
(f) provide for the protection of persons and property from injury by
reason of contact with, or the proximity of, or by reason of the defective
or dangerous condition of, any appliance or apparatus used in the
generation, transmission, supply or use of energy;
(g) for the purposes of electric traction regulate the employment of
insulated returns, or of uninsulated metallic returns of low resistance, in
order to prevent fusion or injurious electrolytic action of or on metallic
pipes, structures or substances, and to minimise, as far as is reasonably
practicable, injurious interference with the electric wires, supply-lines
and apparatus of parties other than the owners of the electric traction
system, or with the currents therein, whether the earth is used as a
return or not;
(h) provide for preventing telegraph-lines and magnetic observatories
or laboratories from being injuriously affected by the generation,
transmission, supply or use of energy;
(i) prescribe the qualifications to be required of Electric Inspectors;
(j) authorise any Electric Inspector or other officer of a specified rank
and class to enter, inspect and examine any place, carriage or vessel in
which he has reason to believe any appliance or apparatus used in the
generation, transmission, supply or use of energy to be, and to carry out
tests therein, and to prescribe the facilities to be given to such
Inspectors or officers for the purposes of such examinations and tests;
(k) authorise and regulate the levy of fees for any such testing or
inspection and, generally, for the services of Electric Inspectors under
this Act; and
(l) provide for any matter which is to be or may be prescribed.
(3) [Omitted by section 4 of the Electricity (East Pakistan Amendment)
Ordinance, 1959 (Ordinance No. XVIII of 1959).]
(4) In making any rule under this Act, the Electricity Board may direct
that every breach thereof shall be punishable with fine which may
extend to 27[ one thousand taka], and, in the case of a continuing
breach, with a further daily fine which may extend to 28[ one hundred
taka].
Further provisions
respecting rules
38. (1) The power to make rules under section 37 shall be subject to the
condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23
of the General Clauses Act, 1897, as that after which a draft of rules
proposed to be made under section 37 will be taken into consideration
shall not be less than three months from the date on which the draft of
the proposed rules was published for general information.
(3) All rules under section 37 shall be published in the official Gazette
and, on such publication, shall have effect as if enacted in this Act.
Penalty for
dishonest
abstraction, etc of
energy
Criminal Offences and Procedure
[ [ 39. (1) Whoever dishonestly abstracts, consumes or uses energy
shall be punishable with imprisonment of either description for a term
which shall not be less than one year but which may extend to three
years and shall also be liable to a fine of ten thousand taka.
29 30
Explanation 1.-The existence of any device, contrivance or artificial
means for such abstraction, consumption or use shall be prima facie
evidence of dishonest abstraction, consumption or use.
Explanation 2 - A person shall be deemed to have dishonestly
abstracted, consumed or used energy, if he is found(a) to have tampered or interfered with the set order of wiring
connection of any meter, measuring apparatus, including Kilowatt
meter, Kilowatt hour meter, Kilowatt ampere hour meter, kilovolt
ampere meter, kilovolt ampere reactive hour meter, current
transformers, potential transformers or their respective fuses installed
by the licensee for the supply and registration of energy; or
(b) to have prevented by drilling hole in the casing, covering or glass,
or by jamming the mechamism by mechanical, magnetic or by any
other means, any meter, maximum demand indicator or other
measuring apparatus from duly registering the amount of energy
supplied or the electrical quantity contained in the supply; or
(c) to have connected, without written consent of the licensee, his
installations, appliances, and apparatus for the consumption or use of
energy with the licensee's work directly without passing through a
meter, maximum demand indicator or other measuring apparatus.
(2) A person who after being convicted under sub-section (1), is
convicted for the second or subsequent times, he shall, for every such
second or subsequent conviction, be punishable with imprisonment of
either description for a term which shall not be less than three years but
which may extend to five years and shall also be liable to fine which
may extend to twenty thousand taka.]
Penalty for
installation of
artificial means,
etc
39A. Whoever installs or uses any device, contrivance or artificial
means for dishonest abstraction, consumption or use of energy of a
licensee, whether he derives any benefit therefrom or not, 31[ shall be
punishable with imprisonment of either description for a term which
shall not be less than three years but which may extend to five years
and shall also be liable to fine which may extend to twenty thousand
taka] and if it is proved that any device, contrivance or artificial means
for such abstraction, consumption or use exists or has existed on a
premises, it shall be presumed, unless the contrary is proved, that such
person has committed an offence under this section.
Explanation. − In this section, “artificial means” include(a) making of direct electrical connection from the aerial line through
artificial jumper;
(b) making of direct electrical connection from transformers, cable,
meter’s main terminals and from consumer’s installations through
artificial wiring;
(c) disconnecting the potential link from the meter terminals by means
of a plier, screw driver, cuter or any other instruments;
(d) breaking the glass cover of a meter or drilling hole in the casing or
covering of a meter by any means;
(e) stopping or slowing the revolutions of a meter disc by artificial
magnet; or
(f) stopping or slowing or reversing the revolutions of the meter disc by
changing the phase sequence of meter through artificial electrical
circuit.]
Penalty for
maliciously
wasting energy or
injuring works
32
[ 40. (1) Whoever maliciously causes energy to be wasted or diverted,
or, with intent to cut off the supply of energy, cuts or injures, or
attempts to cut or injure, any electric supply-line or works shall be
punishable with imprisonment of either description for a term which
shall not be less than one year but which may extend to five years and
shall also be liable to a fine of ten thousand taka.
(2) A person who after being convicted under sub-section (1), is
convicted for the second or subsequent times, he shall, for every such
second or subsequent conviction be punishable with imprisonment of
either description for a term which shall not be less than three years but
which may extend to five years and shall also be liable to fine which
may extend to twenty thousand taka.]
Penalty for the
theft of line
materials, tower
members,
equipments, etc,
from any electric
supply system
33
Penalty for
dishonestly
35
[ 40A. Whoever dishonestly removes, dismantles, commits theft or
wilfully damages any line materials such as, pole, tower parts,
conductors, transformers from an electric supply-line belonging to a
licensee 34[ shall be punishable with imprisonment of either description
for a term which shall not be less than three years but which may
extend to five years and shall also be liable to fine which may extend to
twenty five thousand taka.]]
[ 40B. Whoever dishonestly receives or retains any stolen electric-line
materials or sub-station materials or equipment knowing or having
receiving stolen
property
reasons to believe the same to be stolen property, shall be punishable
with imprisonment of either description for a term which shall not be
less than three years but which may extend to five years and shall also
be liable to fine which may extend to twenty five thousand taka.]
Penalty for
unauthorized
supply of energy
by non-licensees
36
[ 41. (1) Whoever, in contravention of the provisions of section 28,
engages in the business of supplying energy shall be punishable with
imprisonment of either description for a term which shall not be less
than one year but which may extend to five years and shall also be
liable to fine which may extend to fifteen thousand taka.
(2) A person who after being convicted under sub-section (1), is
convicted for the second or subsequent times, he shall, for every suchsecond or subsequent conviction, be punishable with imprisonment of
either description for a term which shall not be less than three years but
which may extend to five years and shall also be liable to a daily fine of
one thousand taka.]
Penalty for illegal
or defective
supply or for noncompliance with
order
37
[ 42. (1) Whoever-
(a) being a licensee, save as permitted under section 27 or section 51 or
by his license, supplies energy or lays down or places any electric
supply-line or works outside the area of supply; or
(b) being a licensee, in contravention of the provisions of this Act or of
the rules thereunder, or in breach of the conditions of his license, and
without reasonable excuse, the burden of proving which shall lie on
him, discontinues the supply of energy or fails to supply energy; or
(c) makes default in complying with any order issued to him under
section 34, sub-section (2),
shall be punishable with imprisonment of either description for a term
which shall not be less than one year but which may extend to five
years and shall also be liable to a fine of ten thousand taka.
(2) A person who after being convicted under sub-section (1), is
convicted for the second or subsequent times, he shall, for every such
second or subsequent conviction, be punishable with imprisonment of
either description for a term which shall not be less than three years but
which may extend to five years and shall also be liable to a daily fine of
one thousand taka.]
Penalty for illegal
transmission or
use of energy
38
[ 43. (1) Whoever, in contravention of the provisions of section 30,
transmits or uses energy without giving the notice required thereby,
shall be punishable with imprisonment of either description for a term
which shall not be less than one year but which may extend to three
years and shall also be liable to a fine of ten thousand taka.
(2) A person who after being convicted under sub-section (1), is
convicted for the second or subsequent times, he shall, for every such
second or subsequent conviction, be punishable with imprisonment of
either description for a term which shall not be less than three years but
which may extend to five years and shall also be liable to a daily fine of
one thousand taka.]
Penalty for
interference with
meters or
licensee’s works
and for improper
use of energy
39
[ 44. (1) Whoever-
(a) connects any meter, maximum demand indicator or other measuring
apparatus referred to in section 26, with any electric supply-line
through which energy is supplied by a licensee, or disconnects the same
from any such electric supply-line, without the licensee's consent in
writing; or
(b) lays, or causes to be laid, or connects up any works for the purpose
of communicating with any other works belonging to a licensee,
without such licensee's consent in writing; or
(c) uses the energy supplied to him by a licensee under one method of
charging in a manner for which a higher method of charging is in force
without the licensee's consent in writing, or adopts any appliance or
increase load beyond sanction load, or use energy supplied to him by a
licensee in a manner prejudicial to the safety or efficient working of the
licensee's electric supply-line or works, or deals with it in a manner so
as to interfere with the efficient supply of energy by the licensee to any
other person,
shall be punishable with imprisonment of either description for a term
which shall not be less than one year but which may extend to three
years and shall also be liable to fine which may extend to thirty
thousand taka.
(2) If in case of sub-section (1) it is proved that any artificial means
exist or have existed for making such connection as is referred to in
clause (a), or such communication as is referred to in clause (b), or for
facilitating such improper use of energy as is referred to in clause (c),
and that the meter, maximum demand indicator or other measuring
apparatus is under the custody or control of the consumer, whether it is
his property or not, it shall be presumed, until the contrary is proved,
that such connection, communication or improper use, as the case may
be, has been knowingly and willfully caused by such consumer.
(3) A person who after being convicted under sub-section (1), is
convicted for the second or subsequent times, he shall, for every such
second or subsequent conviction, be punishable with imprisonment of
either description for a term which shall not be less than three years but
which may extend to five years and shall also be liable to a daily fine
which may extend to three thousand taka.]
Penalty for
abettors in certain
offences
40
[ 44A. Whoever, including an officer or employee of the licensee,
abets the commission of any offence under sections 39, 39A, 40, 40A,
40B, 41, 42, 43 and 44 of this act shall be punishable with the same
penalties as have been provided in the said sections for the offences
specified therein.
Explanation.-A person abets the commission of any offence, if he(a) instigates any person to commit the offence;
(b) engages with one or more other persons in conspiracy for
committing the offence;
(c) intentionally aids the commission of the offence; or
(d) facilitates in any way the commission of the offence.]
Penalty for
extinguishing
public lamps
45. Whoever maliciously extinguishes any public lamp shall be
punishable with imprisonment 41[ of either description for a term which
shall not be less than three years but which may extend to five years
and shall also be liable to fine which may extend to ten thousand taka].
Penalty for
negligently
wasting energy or
injuring works
46. Whoever negligently causes energy to be wasted or diverted, or
negligently breaks, throws down or damages any electric supply-line,
post, pole or lamp or other apparatus connected with the supply of
energy, 42[ or negligently throws, puts any articles on the electric
supply-line or equipment to interrupt supply of energy] shall be
punishable with 43[ imprisonment of either description for a term which
shall not be less than three years but which may extend to five years
and shall also be liable to a fine of ten thousand taka.]
Penalty for
offences not
otherwise
provided for
44
[ 47. (1) Whoever, in any case not already provided for by sections 39
to 46 (both inclusive), makes default in complying with any of the
provisions of this Act, or with any order issued under it, or in the case
of a licensee, with any of the conditions of his license, shall be
punishable with imprisonment of either description for a term which
shall not be less than three years but which may extend to five years
and shall also be liable to a fine of five thousand taka:
Provided that, where a person has made default in complying with any
of the provisions of sections 13, 14, 15, 17 and 32, as the case may be,
he shall not be so punishable if the court is of opinion that the case was
one of emergency and that the offender complied with the said
provisions as far as was reasonable under the circumstances.
(2) A person who after being convicted under sub-section (1), is
convicted for the second or subsequent times, he shall for every such
second or subsequent conviction, be punishable with imprisonment of
either description for a term which shall not be less than three years but
which may extend to five years and shall also be liable to a daily fine of
five hundred taka.]
Penalties not to
affect other
liabilities
48. The penalties imposed by sections 39 to 47 (both inclusive) shall be
in addition to, and not in derogation of, any liability in respect of the
payment of compensation or, in the case of a licensee, the revocation of
his license, or the payment of penalty in lieu thereof, which the
offender may have incurred.
Penalties where
works belong to
Government
49. The provisions of sections 39, 40, 44, 45 and 46 shall, so far as they
are applicable, be deemed to apply also when the acts made punishable
thereunder are committed in the case of energy supplied by, or of works
belonging to, the Government.
Offences by
companies
45
[ 49A. (1) if the person committing an offence under this Act is a
company, every person who at the time the offence has been committed
was incharge of, or was responsible to the company for the conduct of
the business of the company as well as the company, shall be deemed to
be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment, if he proves that the offence was
committed without his knowledge, or that he exercised all due diligence
to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under the Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.-For the purposes of this section(a) “company” means any body corporate and includes a firm or other
association of individuals; and
(b) “director”, in relation to firm, means a partner in the firm.]
Institution of
prosecutions
46
[ 50. (1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898) offences under sections 39, 39A, 40,
40A, 40B, 41, 42, 43, 44, 44A, 45, 46 and 47 of this Act shall be
cognizable.
(2) No court shall take cognizance of any offence against an employee
of the licensee for abetting the commission of any offence under this
Act unless a report to that effect is filed by an officer not below the
rank of an Assistant Engineer of the concerned licensee for the offence
committed.
ExplanationA person is said to abets the commission of any offence,
if he.
(a) instigates any person to commit the offence;
(b) engages with one or more other persons in conspiracy for
committing the offence;
(c) Intentionally aids the commission of the offence; or
(d) facilitates in any way the commission of the offence.
(3) any officer not below the rank of an Assistant Engineer of the
concerned licensees shall be competent of file cases for any offence
under this Act or any rule, license of order made thereunder in the court
taking cognizance of the offence.]
Power of
Magistrate to pass
sentence, impose
fine
Exercise in
certain cases of
powers of
telegraphauthority
Arbitration
47
[ 50A. Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act No. V of 1898) or in any other law for the time
being in force, the Magistrate shall be competent to pass any sentence
and impose any fine authorized by this Act.]
Supplementary
51. Notwithstanding anything in sections 12 to 16 (both inclusive) and
sections 18 and 19, the Government may, by order in writing, for the
placing of appliances and apparatus for the transmission of energy,
confer upon any public officer or licensee, subject to such conditions
and restrictions (if any) as the Government may think fit to impose, and
to the provisions of the Telegraph Act, 1885, any of the powers which
the telegraph-authority possesses under that Act, with respect to the
placing of telegraph-lines and posts for the purposes of a telegraph
established or maintained by the Government or to be so established or
maintained.
52. Where any matter is, by or under this Act, directed to be determined
by arbitration, the matter shall, unless it is otherwise expressly provided
in the license of a licensee, be determined by such person or persons as
the Government may nominate in that behalf on the application of
either party; but in all other respects the arbitration shall be subject to
the provisions of the Arbitration Act 1940.
Bar to jurisdiction
of Civil Courts
52A. Notwithstanding anything contained in any other law for the time
being in force, every order passed revoking a licence under section 4 or
taking possession of any undertaking under section 5 or cancelling a
sanction under section 28 shall, subject to the Provisions of arbitration
provided in this Act, be final and shall not be called in question in any
Court.
Service of
notices, orders or
documents
53. (1) Every notice, order or document by or under this Act required or
authorised to be addressed to any person may be served by post or left,(a) where the Government is the addressee, at the office of such officer
as the Government, 48[ * * *] may designate in this behalf;
(b) where a local authority is the addressee, at the office of the local
authority;
(c) where a company is the addressee, at the registered office of the
Company or, in the event of the registered office of the Company or, in
the event of the registered office of the Company not being in
Bangladesh at the head office of the Company in Bangladesh;
(d) where any other person is the addressee, at the usual or last known
place of adobe or business of the person.
(2) Every notice, order or document by or under this Act required or
authorised to be addressed to the owner or occupier of any premises
shall be deemed to be properly addressed if addressed by the
description of the “owner” or “occupier” of the premises (naming the
premises), and may be served by delivering it, or a true copy thereof, to
some person on the premises, or, if there is no person on the premises
to whom the same can with reasonable diligence be delivered, by
affixing it on some conspicuous part of the premises.
Recovery of sums
recoverable under
certain provisions
of Act
54. Any penalty imposed under section 4, sub-section (2), every sum
declared to be recoverable by section 5, clause (f), section 6, subsection (2), section 14, sub-section (2), clause (h), section 16, subsection (2), section 18, sub-section (2) or sub-section (4), or section 26,
sub-section(4), and every fee leviable under this Act, may be recovered,
on application to a Magistrate having jurisdiction where the person
liable to pay the same is for the time being resident, by the distress and
sale of any moveable property belonging to such person.
Charges for
supply of energy
49
[ 54A. (1) Notwithstanding anything contained in this Act or in any
other law for the time being in force or in any instrument or agreement,
recoverable as
arrears of land
revenues
the charges for supply of energy or any other sum outstanding against a
consumer under this Act shall be recoverable as an arrear of land
revenue.
(2) A licensee, or any person duly authorised by the licensee, may
apply with a certificate showing the amount outstanding against a
consumer to the Collector of the district concerned for the recovery of
the said amount, and the Collector shall, thereupon proceed to recover
the same from such consumer, or his sureties, or from all of them, as an
arrear of land revenue.
Requisition of
police assistance
50
[ 54B. Where a licensee or any person duly authorised by him in this
behalf, requires any police assistance for carrying out the purposes of
this Act, he may make an application to the officer-in-charge of the
Police Station of the concerned Thana:
Provided that a copy of the requisition letter will be sent to the
Superintendent of Police of the concerned District, Metropolitan Police
Commissioner in a Metropolitan Area, the Deputy Commissioner of the
District or the Upazilla Nirbahi Officer of the Upazilla concerned as the
case may be, who will ensure to render the police assistance required.]
Bar of
Jurisdiction
54C. (1) Where a licensee gives a notice referred to in sub-section (1)
of section 24 or discontinues supply of energy to premises under the
provisions of this Act, no court shall make an order prohibiting the
licensee from discontinuing supply of energy to the premise, or
requiring him to restore supply of energy to such premises:
Provided that nothing contained herein shall apply to a case in which
the plaintiff, applicant or appellant within a period of thirty days of the
aforesaid date or at the time of filing the suit, application or appeal, as
the case may be, deposit with the court the amount assessed against him
by the licensee and all further charges of the licensee as and when they
become due; and in the event of his failing to do so, any order
prohibiting the licensee from discontinuing the supply of energy to the
premises, or requiring him to restore the supply of energy to the
premises, if already made, shall cease to have effect.
(2) Where an amount has been deposited under sub-section (1), the
court shall direct it to be deposited in a scheduled bank in the name of
the licensee on an undertaking being furnished by the licensee to the
effect that in case the suit, application or appeal is decided against him,
he shall repay the said amount to the plaintiff, applicant or appellant, as
the case may be, with such reasonable return as the court may
determine.]
Delegation of
certain functions
55. The Government may, by general or special order, authorise the
discharge of any of its functions under section 13 or section 18 or
of Government to
Electric
Inspectors
section 34, sub-section (2), or clause V, sub-clause (2), or clause XIII
of the Schedule by an Electric Inspector.
Protection for acts
done in good faith
56. No suit, prosecution or other proceeding shall lie against any public
officer, or any servant of a local authority, for anything done, or in
good faith purporting to be done, under this Act.
[Omitted]
57. [Omitted by section 17 of the Electricity (Amendment) Act, 1993
(Act No. XXVIII of 1993).]
[Omitted]
58. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and
“Taka” were substituted, for the words “Pakistan”, “Central Government” or “Provincial
Government” or `Central Government or the Provincial Government` or “Central Government or
any Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
1
The words “who is the owner or occupier of the premises which” were substituted, for the
words “whose premises” by section 2 of the Electricity (Amendment) Ordinance, 1983
(Ordinance No. XLII of 1983).
2
3
The words `except the transmission of a massage` were omitted by section 2 of the Electricity
(Amendment) Act, 1993 (Act No. XXVIII of 1993).
The words “one hundred taka” were substituted, for the words “five taka” by section 3 of the
Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)
4
The words “without intimation to the local authority or to the owner or” were substituted, for
the words “without the consent of the local authority or of the owner and” by section 4 of the
Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)
5
The words “immediate intimation in writing by special messenger or by telephonic message
followed by written intimation” were substituted, for the words “not less than forty-eight hours’
notice in writing” by section 5 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No.
XLII of 1983)
6
7
Section 19A was inserted by section 5 of the Indian Electricity (Amendment) Act, 1922 (Act
No. I of 1922)
The words “Magistrate of the 1st class” were substituted, for the words “District Magistrate” by
section 3 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993)
8
9
Proviso to sub-section (2) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
10
Clause (b) was substituted, for clause (b) by section 6 of the Electricity (Amendment)
Ordinance, 1983 (Ordinance No. XLII of 1983)
11
Clause (cc) was inserted by section 4 of the Electricity (Amendment) Act, 1993 (Act No.
XXVIII of 1993)
The words “within the period stated therein in the bill” were inserted by section 7 of the
Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).
12
The word “ten” was substituted, for the word “seven” by section 7 of the Electricity
(Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).
13
The commas and words “, if required by the consumer,” were omitted by section 5 of the
Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).
14
15
The provisos were substituted, for the proviso by section 5 of the Electricity (Amendment)
Act, 1993 (Act No. XXVIII of 1993).
The words “in this behalf within a period of ninety days from the date of receipt of such
application and after affording the parties an opportunity of being heard” were substituted, for
the words “in this behalf” by section 5 of the Electricity (Amendment) Act, 1993 (Act No.
XXVIII of 1993).
16
The words “or the connected load in the supply” were substituted, for the words “or the
electrical quantity contained in the supply” by section 8 of the Electricity (Amendment)
Ordinance, 1983 (Ordinance No. XLII of 1983).
17
18
Section 29A was inserted by section 2 of the Indian Electricity (Amendment) Act, 1923 (Act
No. XL of 1923)
The words “one kilowatt” were substituted, for the words “two hundred and fifty watts” by
section 9 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).
19
The words, commas and figure “Factories Act, 1965,” were substituted, for the words,
commas and figure “Indian Factories Act, 1911,” by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
20
The words, commas and figures “Mines Act, 1923,” were substituted, for the words, commas
and figure “Indian Mines Act, 1901,” by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
21
The words “without obtaining permission from the Government” were substituted, for the
words “without giving not less than seven clear days’ notice in writing of his intension to the
District Magistrate” by section 9 of the Electricity (Amendment) Ordinance, 1983 (Ordinance
No. XLII of 1983).
22
23
The word `Bangladesh` was substituted for the words `the Province` by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
The words “Electricity Board” were substituted, for the words “Advisory Board” by section 10
of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).
24
The words “Electricity Board” were substituted, for the words “Advisory Board” by section 11
of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)
25
26
The word `Bangladesh` was substituted for the words `East Pakistan` by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
The words “one thousand taka” and “one hundred taka” were substituted, for the words “three
hundred taka” and “fifty taka” respectively by section 12 of the Electricity (Amendment)
Ordinance, 1983 (Ordinance No. XLII of 1983)
27
The words “one thousand taka” and “one hundred taka” were substituted, for the words “three
hundred taka” and “fifty taka” respectively by section 12 of the Electricity (Amendment)
Ordinance, 1983 (Ordinance No. XLII of 1983)
28
29
Sections 39 and 39A were substituted, for section 39 by section 13 of the Electricity
(Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).
30
Section 39 was substituted, for section 39 by section 2 of the Electricity (Amendment) Act,
2006 (Act No. V of 2006).
31
The words `shall be punishable with imprisonment of either description for a term which shall
not be less than three years but which may extend to five years and shall also be liable to fine
which may extend to twenty thousand taka` were substituted, for the words and commas `shall be
punished with imprisonment of either description for a term which may extend to five years, or
with fine which may extend to ten thousand taka, or with both` by section 3 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
32
Section 40 was substituted, for the former section 40 by section 4 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
33
Section 40A was inserted by section 14 of the Electricity (Amendment) Ordinance, 1983
(Ordinance No. XLII of 1983).
34
The words `shall be punishable with imprisonment of either description for a term which shall
not be less than three years but which may extend to five years and shall also be liable to fine
which may extend to twenty five thousand taka` were substituted, for the words and commas
`punishable with imprisonment for a term which may extend to five years, or with fine which
may extend to ten thousand taka, or with both` by section 5 of the Electricity (Amendment) Act,
2006 (Act No. V of 2006).
35
Section 40B was inserted by section 6 of the Electricity (Amendment) Act, 2006 (Act No. V of
2006)
36
Section 41 was substituted, for the former section 41 by section 7 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
37
Section 42 was substituted, for the former section 42 by section 8 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
38
Section 43 was substituted, for the former section 43 by section 9 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
39
Section 44 was substituted, for the former section 44 by section 10 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
40
Section 44A was substituted, for the former section 44A by section 11 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
41
The words `of either description for a term which shall not be less than three years but which
may extend to five years and shall also be liable to fine which may extend to ten thousand taka`
were substituted, for the words and comma `for a term which may extend to six months, or with
fine which may extend to five thousand taka, or with both` by section 12 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
The words and comma “or negligently throws, puts any articles on the electric supply-line or
equipment to interrupt supply of energy” were inserted by section 18 of the Electricity
(Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).
42
43
The words `imprisonment of either description for a term which shall not be less than three
years but which may extend to five years and shall also be liable to a fine of ten thousand taka`
were substituted, for the words `fine which may extend to five thousand taka` by section 13 of
the Electricity (Amendment) Act, 2006 (Act No. V of 2006).
44
Section 47 was substituted, for the former section 47 by section 14 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
45
Section 49A was inserted by section 15 of the Electricity (Amendment) Act, 1993 (Act No.
XXVIII of 1993)
46
Section 50 was substituted, for the former section 50 by section 15 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006).
47
Section 50A was inserted by section 16 of the Electricity (Amendment) Act, 2006 (Act No. V
of 2006)
48
The words and comma `as the case may be,` were omitted by section 3 and 2nd Schedule of
the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
49
Sections 54A, 54B and 54C were inserted by section 21 of the Electricity (Amendment)
Ordinance, 1983 (Ordinance No. XLII of 1983).
50
Section 54B was substituted, for the former section 54B by section 17 of the Electricity
(Amendment) Act, 2006 (Act No. V of 2006)
Share this:





Email
Print
Facebook3
Twitter
Filed Under: Energy Law
Search this
Return to top of page
Copyright © 2013 BDLAWS.COM